Daily Comment on News and Issues of Interest to Michigan Lawyers

March 2020

03/30/2020

Clio, the world’s most widely used, cloud-based practice management system and a State Bar of Michigan member benefit partner, has pledged $1 million to help lawyers and firms navigate the challenges they face in light of the coronavirus pandemic.

According to company co-founder and CEO Jack Newton, Clio’s COVID-19 Legal Relief Initiative is available to the entire legal community.

“If your firm needs to figure out how to maintain business continuity or collaborate across a newly remote workforce while still providing quality services to your clients, we’ll help you navigate that,” Newton said in a statement on the company's website. “If you are a legal organization or charity providing mental health support during this stressful time, we want to assist. If you are part of the legal community and have expertise to share or are looking for best practices from an industry leader, we want to help bridge that connection.”

03/23/2020

New Executive Order. Today, Gov. Whitmer issued an Executive Order directing all Michiganders to stay in their homes for at least the next three weeks, except for under very limited circumstances.

Here are the highlights for lawyers:

The order does not specifically exempt attorneys from the stay at home order as "critical infrastructure workers" necessary to sustain or protect life.

The order allows individuals to leave home to attend legal proceedings for essential or emergency purposes as ordered by a court.

For purposes of managing and maintaining a law practice, the members of your staff whose job it is to facilitate the ability of others to work remotely may carry out their work in person. You will be required to designate who those persons are in writing by March 31.

The order provides "nothing in this order should be taken to interfere with or infringe on the powers of the legislative and judicial branches to perform their constitutional duties or exercise their authority."

New Michigan Supreme Court Order. The Michigan Supreme Court issued an order extending all deadlines pertaining to case initiation and the filing of initial responsive pleadings in civil and probate matters during the state of emergency declared by the Governor related to COVID-19. The order does not preclude a court from ordering an expedited response to a complaint or motion in order to hear and resolve an emergency matter requiring immediate attention.

New COVID-19 Resources. We wanted to share with you all the resources we have available to you during this unprecedented situation:

We understand that you need to know exactly what the law says. We’re compiling important primary documents here, so you can quickly access the exact language you need. We’re going to start including these crucial primary documents in our NewsLinks newsletter. Please sign up here to get it in your inbox each weekday.

We are answering questions from Michigan lawyers here. In some cases, the questions we're receiving have not yet been answered by the decision-makers involved. Know that we are in touch with them and will share answers as we have them. If you have a question that hasn’t yet been answered, please ask us here.

We also have guidance to help you keep practicing and keep your equilibrium during the pandemic here.

We know that what you need to best serve your clients and the public is changing by the hour, and we are doing our best to help. Keep telling us what you need and we pledge to do everything possible to provide it.

03/18/2020

In the interest of the health and safety of our members and their families and colleagues, the 50-Year Golden Celebration originally scheduled for May 11, 2020, at the Inn at St. Johns in Plymouth is postponed due to the coronavirus pandemic.

We will be exploring options for rescheduling and refund options. Given the uncertainty of the spread of the coronavirus, it is unlikely any rescheduling would happen until July or later. Members will be updated as decisions are made.

The Law School Admission Test scheduled for March 30, 2020, has been cancelled.

“Cancelling the March test is a difficult step, but we believe it is the most responsible course of action to protect test takers, test center personnel, and the broader community,” the Law School Admission Council wrote in an update on its website.

The Council is hopeful that the April and June tests will proceed as planned, but will continue to monitor the situation and provide updates.

Meanwhile, the National Conference of Bar Examiners has created a web page with COVID-19 updates related to the bar exam, MPRE, and other tests.

The agency noted on the site that while it does not administer the bar exam, it is “in close contact with jurisdiction bar admission agencies as they consider possible options for the July exam in the event that shutdowns and prohibitions against large gatherings remain in effect.”

The Michigan Supreme Court has issued a unanimous order authorizing trial courts to take emergency measures to help slow the spread of COVID-19. All courts are still handling emergencies. Some courts have closed business operations to the public via local administrative order. Here is a running list of those LAOs. Please check back often. Here are more resources for attorneys and FAQs about COVID-19.

If you are a court administrator or other court employee and you see a discrepancy in your court's listing, please notify Elizabeth Couch at ecouch@michbar.org at your earliest convenience so we can ensure that all of our information is correct and current.

Sign up for our e-Journal to get summaries of the latest opinions from the Michigan Supreme Court, Michigan Court of Appeals, and selected U.S. Sixth Circuit in your inbox.

03/13/2020

The State Bar of Michigan is committed to helping Michigan lawyers respond optimally to the developing COVID-19 coronavirus situation. This page will be updated regularly during this rapidly evolving situation. Please check back often for the latest guidance from the State Bar of Michigan. Our recommendations are based on advisories from the CDC and other government agencies.

Have any State Bar of Michigan services been disrupted by the coronavirus?

The State Bar of Michigan continues to offer all services as usual, and we have contingency plans prepared so our staff can work remotely if needed. We don’t anticipate any major disruptions to the services we provide, but we’ll notify lawyers and the public promptly if changes are necessary.

Gov. Gretchen Whitmer declared a state of emergency after Michigan’s first two cases of coronavirus were confirmed March 10. The State Bar of Michigan is committed to the safety of its visitors and employees and we have instituted some new policies at our building. Lawyers and members of the public from all over the state visit our building and we want to do our part to help prevent a potential outbreak of COVID-19.

We have instituted extraordinary cleaning and disinfecting measures at our building

We have posted hand sanitizer stations, handwashing reminders, and disinfectant wipes strategically throughout the building

We are requiring all guests to register at the front desk and provide contact information

Can I still hold a meeting at the State Bar of Michigan building?

The State Bar of Michigan building remains available for lawyers who wish to use it for meetings. We will promptly notify any participants scheduled to attend a meeting at the State Bar building if this changes. If your group has not already given SBM an email address, please do so now by emailing ddobias@michbar.org.

Lawyers, sections, and committees are encouraged to offer dial-in numbers or a video conferencing option such as Zoom for people who would prefer to attend meetings remotely.

If necessary, the State Bar building will be closed to the public under the following circumstances:

Government buildings are closed in Lansing

The Michigan Supreme Court advises we close our building

An SBM employee or visitor tests positive for COVID-19

An SBM employee or visitor is advised by a physician or a public health official to self-quarantine due to exposure

We’re asking every visitor to the State Bar building to use hand sanitizer and sign in at the front desk. Our measures will not be effective without your help. Please advise everyone scheduled to attend your meeting to stay home if they are not feeling well. Please discourage handshaking and encourage attendees to use the wipes and hand sanitizers available in the building.

If you have held a meeting in the State Bar building within the last 21 days and are aware that a participant has tested positive or been advised to self-quarantine, please notify us immediately.

Read the full message we sent to lawyers about the use of our building here.

What about the courts?

The latest updates from the Judicial Branch can be found here. You should check with individual courthouses before visiting. This map includes contact information for courts statewide.

The Michigan Supreme Court has made several recommendations to trial courts to help prevent the spread of COVID-19, which you can read about here.

Information about electronically filing court documents can be found here.

Will the July bar exam be held as usual?

The Board of Law Examiners, which oversees the investigation and examination of State Bar of Michigan applicants, plans to administer the July 2020 bar exam as usual (as of March 9), and says it will have a contingency plan if needed.

How should my firm prepare for a potential outbreak in my community?

The American Bar Association offers disaster guidance for legal professionals, much of which could be applied during an outbreak or pandemic. The ABA offers a preparedness checklist, including questions that attorneys should be able to answer, such as:

Can you access critical client records remotely?

Have you prioritized your firm’s functions by criticality?

Do you have a “go kit” of office items you would need if you could not access your primary office?

Employers should also revisit their emergency preparedness plans and be ready to respond to varying levels of severity were an outbreak to occur. The CDC advises employers to prepare for the possibility of:

Widespread absenteeism, especially if employees need to care for sick family members

Many, or all, employees needing to work remotely

The need to suspend some business operations

What special legal needs might the public have during an outbreak?

Attorneys would face unique concerns during a severe outbreak as they would need to work to ensure that the rule of law is respected and protected. Attorneys should be prepared to work with clients whose employers’ emergency policies aren’t consistent with existing workplace laws.

Scammers are using the worldwide focus on the spread of COVID-19 as an invitation to lure unsuspecting consumers. The U.S Cybersecurity and Infrastructure Security Agency, a branch of the Department of Homeland Security, warns individuals to be aware of potential scams related to the coronavirus. This includes emails containing malicious attachments and/or links to fraudulent websites that could result in theft of sensitive personal data or donations to non-existent charities or causes.

A recent report in American Banker magazine cited a malware scam that simulates the popular web-based COVID-19 dashboard maintained by Johns Hopkins University’s Center for Systems Science and Engineering. Instead, an email claiming to provide an up-to-date coronavirus map actually includes a graphic that looks like the Johns Hopkins map but contains an embedded program that can steal usernames, passwords, credit-card numbers, and other data stored in the user’s browser.

03/12/2020

In the wake of Gov. Gretchen Whitmer's emergency declaration, the Michigan Supreme Court has made several recommendations to trial courts to help prevent the spread of COVID-19. Michigan attorneys should be aware that the recommendation on docket management advises consideration of:

Adjourning all civil jury trials

Adjourning all criminal jury trials where the defendant is not in custody

03/10/2020

We ask for five minutes of your time for a very important initiative. We are now collecting responses to the 2020 Economics of Law Practice Survey, and we need your help.

The State Bar of Michigan conducts the survey every three years to update a comprehensive database that’s used by many courts to determine attorney fees. We’re asking every attorney in every occupational area to participate, so we can capture information that’s relevant to all Michigan lawyers. The 2020 Attorney Income and Billing Summary Report & Desktop Reference Report will be available on the State Bar of Michigan website in late spring and you’ll be able to access this valuable resource anytime.

We take your privacy very seriously. Your secure response will be anonymous, and all results will be reported in aggregate only—no individual responses will be identifiable.

By participating, you’ll be eligible to enter a drawing for prizes, including two $500 Amazon gift cards and five $100 Amazon gift cards.

03/09/2020

The State Bar Board of Commissioners is seeking names of persons interested in filling the following agency vacancy:

Michigan Indigent Defense Commission (MIDC): 1 vacancy to complete the balance of a remaining term that expires April 1, 2022.

The MIDC was created through Public Act 93 of 2013. Among other duties, the MIDC proposes minimum standards for the local delivery of indigent criminal defense services and identifies and encourages best practices for delivering the effective assistance of counsel to indigent defendants charged with crimes. Individuals seeking appointment to the MIDC should have significant experience in the defense or prosecution of criminal proceedings or have demonstrated a strong commitment to providing effective representation in indigent criminal defense services. Individuals who receive compensation from this state or an indigent criminal defense system for providing prosecution of or representation to indigent adults in state courts are not eligible to serve as a member of the MIDC. Under the act, the State Bar will submit a list of three names from which the Governor will select one to serve on the commission. For more information on the duties and responsibilities of the MIDC, please see Public Act 93 of 2013.

Deadline for responses is April 1, 2020.

Applications received after the deadline indicated will not be considered. Those applying for this appointment should submit a resume and a letter outlining the applicant’s background and nature of interest in the position.

03/05/2020

Court:67th District Court, Genesee CountyVacating Judge: Hon. Mark W. LatchanaApplication Deadline: Applications must be submitted electronically and received by 5:00 p.m. on March 13, 2020.

To be considered for this position, you must be a State Bar of Michigan member who meets the legal qualifications for this office. Please be aware that to be appointed you must reside within the judicial district.